Scope and Content
Whereas James Armstrong, formerly of Turnham Green, Chiswick, Middx, Gent, deceased by his will of 7 October 1801 bequeathed to Richard Whitehouse Jennings, gent, John Thompson, brewer and William Humpheys, Wharfinger, their heirs and assigns all the said testators freehold and leasehold estates and all personal estate not specifically bequeathed upon trust with all concerned speed to sell the same after his decease.
- and the said testator gave to Richard Whitehouse Jennings all his copyhold estates upon trust to sell the same.
- and the said testator directed that his trustees should after his decease recover all monies due to him and likewise sell and transfer all monies and stocks he might have except South Sea stock which he directed should go with the residue of his estate thereinafter directed and after directing the payment of debts, funeral and testamentary expenses and specific legacies and annuities (which have since ceased by the deaths of the annuitants) the testator directed that the residue of the money arising from his real and personal estate and effects should be invested by the Trustees in South Sea stock and that such stock and all capital possessed on his decease have in the said stock should form an aggregate fund and after directing the payment out of the dividends or yearly income arising from the residue of his estates of the several annuities thereinbefore given and also other annuities directed to be paid (which have ceased by the deaths of the annuitants) the testator directed that out of the residue of his estate and effects or of the stocks and securities should invest and transfer into the joint names of the Trustees and of his daughter Ann Sophia Dyson £10000 in the South Sea stock or so much money as would purchase that amount of stock and that his said Trustees and their survivors and those appointed future Trustees should remain possessed of the said £10000 in trust for Ann Sophia Dyson to receive the dividents during the term of her natural life and after her decease to the benefit of her lawfully begotten children in equal shares and in case Ann Sophia Dyson should die without issue or without issue reaching 21 years the testator directed that the trustees should by and out of the residue of the estate and effects, stocks or securities invest or transfer into the joint names of the trustees and of his daughter Dorothy Jane Nutt £12000 in Sea Stock [sic?] or money as would purchase that amounting of stock and that his trustees and the survivors of them should continue possessed of the said £12000 and enable Dorothy Jane Nutt to take the dividents during her life and after her decease to the benefit of lawfully begotten heirs in equal shares and in case Dorothy Jane Nutt should die without lawful issue during the lifetime of Ann Sophia Dyson or having lawful issue dying before 21 years old then:
In trust for the separate use and benefit of Ann Sophia Dyson during her life and other her decease:
In trust for the use and benefit of the lawful issue of Ann Sophia Dyson in equal proportions.
- and the testator declared that in case either of his daughters sold or disposed of their rightful title in the dividends in the respective sum of £10000 stock and £12000 stock or any part thereof or encumber the same in any manner the party so acting should forfeit all advantages to be had form the stock, and all benefits transferred by the trustees to his other daughter or anyone else entitled under his will, and that the dividends from the value of the stock be employed by his daughters for the maintenance of their families and after their decease then the whole of the portions should remain:
In trust for the benefit of lawfully begotten children in equal shares at 21 years if their mother is deceased, otherwise not until her decease but the part or share should nevertheless be taken as a vested interest for each son or daughter on attaining 21 years and the dividends and interest after the decease of their mother be applied to their maintenance and education until 21 years and if any such children should die under the age of 21 years their share to be divided equally among the survivors and if either of said daughters should die leaving but one child or leaving more and all except one dying under 21 years then the portion of the daughter so dying should be:
- and the residue of the testators estate, effects and stocks, after making provision of his daughters and provisions for bequests, expenses of the trustees, be invested in South Sea stock the dividends to be paid equally to the daughters upon the same restrictions and trusts as the said £10000 and £12000 of South Sea stock and directed to the benefit of the said Ann Sophia Dyson and Dorothy Jane Nutt and in like manner not be subject to the debts and control of any husband.
- and in the said will is a power of appointing new trustees in place of the said trustees therein named and the testator appointed Richard Whitehouse Jennings, John Thompson, William Humpheys and Dorothy Jane Nutt, executors and executrix of the said will.
And Whereas the testator died in October 1801 without altering his will apart from a codicil making other specific bequests and after his decease the executors proved his said will in the Prerogative Court of Canterbury.
And Whereas James Dyson, late of Margate, Kent, Esq deceased by his will of 24 March 1819 and devised to William Young Knight, Charles Jones, Henry William Knight of St James Square, St James Westminster, Middx, gent, heirs and assigns:
- all his manor and farm, messuages, lands and hereds at Wilden commonly called Wilden Shrubbery consisting of 130a of land
- freehold messuage or tenement at the corner of Gerrard Street, St Ann, Westminster
- feehold messuage or tenement used as a public house near Blue Anchor Alley, St Luke Old Street, Middx.
Upon trust that they and their survivors and assigns should permit and authorise the testator's son, James Dyson party hereto, to take the profits of the manor and other hereditaments during his natural life but with restrictions upon his disposing of the same as herein contained.
And upon further trust that they, their survivors and assigns should after the decease of James Dyson party hereto and as soon as his youngest or only child attains 21 years convey and assign the use of the manor to the child or children in equal shares as tenants in common and in the meantime until such youngest child attains 21 years permit said Ann Sophia Dyson, or the Guardian or Guardians in case of her decease, to be appointed by the Court of Chancery to receive and take the profits of the said manor and apply same to maintenance and education of said child or children.
And the said testator bequeathed to William Young Knight, Charles Jones and Henry William Knight:
- freehold messuage or tenements and herds. Hawley Square, Margate with appurtenances.
- leasehold messuage or tenement. Cecil Square, Margate with apps.
- and all such household goods, plate, linen, china, books, prints and pictures in the said houses.
- upon that that they, their survivors and assigns should sell them after his decease.
Upon further trust that they, their survivors and assigns to share one moiety or half part of the money resulting from the sale, and invest the remainder. James Dyson authorises the trustees to sell timber on the 8a of woodland at Wilden Manor which is at least 3 feet in diameter or 5 feet tall and to invest the money from the sale as before mentioned and stand possessed of one fourth part for his son James Dyson and his children.
And Whereas James Dyson, the testator died shortly after his will was executed and the unattested will was proved on 5 August 1819.
And Whereas John Thompson deceased in September 1807 and Richard Whitehouse Jennings died in October 1808.
And Whereas £10,000 South Sea stock was purchased in the joint names of William Humphreys and Ann Sophia Dyson pursuant to the aforesaid trust in behalf of the recited will of James Armstrong.
And Whereas in 1812 William Humphreys and Ann Sophia Dyson sold £1,700 South Sea stock and lent the produce thereof to James Dyson Senior who has since repurchased in their joint names £200 South Sea stock making together with the residue of the said £10000 South Sea stock, £8500 South Sea stock now remaining.
And Whereas the residue of the testator James Armstrong after making provision for his daughters, certain other bequests and costs, was invested in £400 South Sea stock in the joint names of William Humphreys, Ann Sophia Dyson and Dorothy Jane Nutt.
And Whereas William Humphreys died in November 1828. George Barne Trollope, Bedford, Esq; William Hodsoll, Field Cottage, Haverstoke Hill, Middx, Esq and Charles Jones, 10 Lancaster Place, Middx, have been appointed trustees in place of Richard Whitehouse Jennings, John Thompson and William Humphreys so far related to the £8500 South Sea stock and the moiety of Ann Sophia Dyson of £400 South Sea Stock in which the residue of James Armstrong's estate has been invested and £8500 South Sea stock and £200 South Sea stock (being one moiety) are now standing in the joint names of the new trustees and Ann Sophia Dyson.
And Whereas in pursuance of the will of James Dyson deceased the moiety so directed to be invested and of the clear monies produced from the sale of property and household goods in Hawley Square and Cecil Square, Margate was invested in the purchase in the names of William Young Knight, Charles Jones and Henry William Knight £828 16s 2d in Navy 5% annuities which by redemption first of that stock and afterwards of new 4% bank annuities were converted into new 3% bank annuities.
And one equal quarter part of the money resulting from the sale of timber on the said 8a of woodland was invested in the names of William Young Knight, Charles Jones and Henry William Knight in new 3% bank annuities and £945 7s 2d in new 3% of bank annuities (being the amount of the said sums of life annuities arising from such conversion and so invested as aforesaid)
And Whereas a marriage shall be solemnized between Thomas Brereton and Louisa Milbourn Dyson.
And Whereas upon the treaty of the said marriage it was agreed that the part shares to which Louisa M Dyson is entitled under the wills of James Armstrong, and James Dyson both deceased being £8500, £200 and £12000 respectively all in the South Sea stock and a further £200 South Sea stock, being the other moiety of £400 like stock and the interest, divided and annual purchase in the manor, farm and lands devised by James Dyson and the £945 7s 2d new 3% bank annuities and annual interest to be conveyed to John Brereton, Thomas Wilkins and John Pulley, their executors and assigns.
Therefore this indenture Witnesseth that in consideration of the intended marriage:
Thomas Brereton and Louisa M Dyson (with the approbation of James Dyson) to assign the said South South stock totalling £20,900 and interest to John Brereton, Thomas Wilkins and John Pulley, trustees, to remain in their hands during the lives of Thomas Brereton and Louisa M Dyson and in the event of the decease of either of them invest monies in Parliamentary Stocks or public funds. All interest from the trust monies to James Dyson.
Thomas Brereton and Louisa M Dyson agree, at the legal and other expenses of Thomas Brereton and assigns, that the trustees be assigned all Louisa M Dyson's present and future property at Wilden, house at Gerrard Street and house at Blue Anchor Alley.
Upon Trust that after the decease of James Dyson the trustees and their assigns shall dispose of the premsies by public sale or private contract and carry out all reasonable conveyances and matters relating to the property as seem reasonable.
And the trustees to invest the money from the sale of the premises in Parliamentary Stocks or public funds or Government Securities.
And Thomas Brereton and Louisa M Dyson shall require the trustees at the expense of Thomas Brereton to assign all the shares which Louisa M Dyson is entitled by virtue of the will of James Dyson, the sum of £945 7s 2d, new 3å% bank annuities, to the trustees with the power to sell or reinvest the same.
Hereby Agreed and Declared Thomas Brereton and Louisa M Dyson appoint John Brereton, Thomas Wilkins and John Pulley attornies assigned for the sums of £8500, £200, £12000 and £200 all in South Sea stock and £945 7s 2d new 3% Bank Annuities and interest and dividends and all other proceedings relating to them and to appoint new attornies. The interest and benefits from the share income to James Dyson and his assigns and also any money from the sale of the manor, farms and lands at Wilden, messuage on the corner of Gerrard Street and messuage in Blue Anchor Alley. The trustees to pay the interest dividents etc, during the joint lives of Thomas Brereton and Louisa M Dyson, exclusively to Louisa M Dyson independently of Thomas Brereton and without being liable for his debts, and after the decease of either of them the survivor to have all the interest from the shares and securities in trust for any children for their maintenance, education and advancement. In trust for son(s) attaining the age of 21 years, or any daughter(s) attaining that age or marrying, in equal shares. If no son attain 21 years or no daughter attain that age or marry, the trustees or their assigns, after the decease of Thomas Brereton and Louisa M Dyson, stand possessed of the trust money. That if Louisa M Dyson shall survive Thomas Brereton then upon trust for said Louisa M Dyson, but if Louisa M Dyson shall die in the lifetime of Thomas Brereton, shall by her will appoint her beneficiary in case Thomas Brereton had died in her lifetime and she had died possessed thereof unmarried and intestate [NB Provisos follow concerning the duties of the trustees and appointment of new trustees]
Original dated: 15 December 1831